Planned Parenthood Assn. v. Operation Rescue

Defendants Operation Rescue of California and Robert Lynn Cochran appeal from a permanent injunction establishing place and manner restrictions on demonstrations conducted at: (1) a clinic operated by plaintiff Planned Parenthood Association of San Mateo County, and (2) the home of plaintiff Dr. O., a physician who treats patients at the clinic. The primary issue presented is whether the restrictions go beyond the guidelines of Madsen v. Women’s Health Center, Inc. (1994) 512 U.S. 753 [ 129 L.Ed.2d 593 , 114 S.Ct. 2516 ] (Madsen) to impinge upon protected speech.

We conclude: (1) that the ban on protesters coming within 15 feet of the clinic serves significant state interests and is compatible with constitutional requirements; (2) the exclusion of protesters within 250 feet of the apartment building in which the doctor resides cannot be sustained because a less restrictive measure holds reasonable the prospect of striking a more precise balance between the competing goals of preserving personal privacy while maximizing the opportunity for public expression; and, (3) that the portion of the injunction which forbids appellants from “[a]pproaching any Planned Parenthood…